161A.10 DISCONTINUANCE OF DISTRICTS.
At any time after five years after the organization of a district
under this chapter, any twenty-five owners of land lying within the
boundaries of the district, but in no case less than twenty percent
of the owners of land lying within the district, may file a petition
with the committee asking that the operations of the district be
terminated and the existence of the district discontinued. The
committee may conduct public meetings and public hearings upon the
petition as necessary to assist in the consideration of the petition.
Within sixty days after a petition has been received by the
committee, the division shall give due notice of the holding of a
referendum, shall supervise the referendum, and shall issue
appropriate rules governing the conduct of the referendum. The
question is to be submitted by ballots upon which the words "For
terminating the existence of the ..... (name of the soil and water
conservation district to be here inserted)" and "Against terminating
the existence of the ..... (name of the soil and water conservation
district to be here inserted)" shall be printed, with a square before
each proposition and a direction to insert an X mark in the square
before one or the other of the propositions as the voter favors or
opposes discontinuance of the district. All owners of lands lying
within the boundaries of the district are eligible to vote in the
referendum. No informalities in the conduct of the referendum or in
any matters relating to the referendum invalidate the referendum or
the result of the referendum if notice was given substantially as
provided in this section and if the referendum was fairly conducted.
When sixty-five percent of the landowners vote to terminate the
existence of the district, the committee shall advise the
commissioners to terminate the affairs of the district. The
commissioners shall dispose of all property belonging to the district
at public auction and shall pay over the proceeds of the sale to be
deposited into the state treasury. The commissioners shall then file
an application, duly verified, with the secretary of state for the
discontinuance of the district, and shall transmit with the
application the certificate of the committee setting forth the
determination of the committee that the continued operation of the
district is not administratively practicable and feasible. The
application shall recite that the property of the district has been
disposed of and the proceeds paid over as provided in this section,
and shall set forth a full accounting of the properties and proceeds
of the sale. The secretary of state shall issue to the commissioners
a certificate of dissolution and shall record the certificate in an
appropriate book of record in the secretary of state's office.
Upon issuance of a certificate of dissolution under this section,
all ordinances and regulations previously adopted and in force within
the districts are of no further force and effect. All contracts
previously entered into, to which the district or commissioners are
parties, remain in force and effect for the period provided in the
contracts. The committee is substituted for the district or
commissioners as party to the contracts. The committee is entitled
to all benefits and subject to all liabilities under the contracts
and has the same right and liability to perform, to require
performance, to sue and be sued, and to modify or terminate the
contracts by mutual consent or otherwise, as the commissioners of the
district would have had.
The committee shall not entertain petitions for the discontinuance
of any district nor conduct referenda upon discontinuance petitions
nor make determinations pursuant to the petitions in accordance with
this chapter, more often than once in five years.
161A.10 DISCONTINUANCE OF DISTRICTS.
At any time after five years after the organization of a district
under this chapter, any twenty-five owners of land lying within the
boundaries of the district, but in no case less than twenty percent
of the owners of land lying within the district, may file a petition
with the committee asking that the operations of the district be
terminated and the existence of the district discontinued. The
committee may conduct public meetings and public hearings upon the
petition as necessary to assist in the consideration of the petition.
Within sixty days after a petition has been received by the
committee, the division shall give due notice of the holding of a
referendum, shall supervise the referendum, and shall issue
appropriate rules governing the conduct of the referendum. The
question is to be submitted by ballots upon which the words "For
terminating the existence of the ..... (name of the soil and water
conservation district to be here inserted)" and "Against terminating
the existence of the ..... (name of the soil and water conservation
district to be here inserted)" shall be printed, with a square before
each proposition and a direction to insert an X mark in the square
before one or the other of the propositions as the voter favors or
opposes discontinuance of the district. All owners of lands lying
within the boundaries of the district are eligible to vote in the
referendum. No informalities in the conduct of the referendum or in
any matters relating to the referendum invalidate the referendum or
the result of the referendum if notice was given substantially as
provided in this section and if the referendum was fairly conducted.
When sixty-five percent of the landowners vote to terminate the
existence of the district, the committee shall advise the
commissioners to terminate the affairs of the district. The
commissioners shall dispose of all property belonging to the district
at public auction and shall pay over the proceeds of the sale to be
deposited into the state treasury. The commissioners shall then file
an application, duly verified, with the secretary of state for the
discontinuance of the district, and shall transmit with the
application the certificate of the committee setting forth the
determination of the committee that the continued operation of the
district is not administratively practicable and feasible. The
application shall recite that the property of the district has been
disposed of and the proceeds paid over as provided in this section,
and shall set forth a full accounting of the properties and proceeds
of the sale. The secretary of state shall issue to the commissioners
a certificate of dissolution and shall record the certificate in an
appropriate book of record in the secretary of state's office.
Upon issuance of a certificate of dissolution under this section,
all ordinances and regulations previously adopted and in force within
the districts are of no further force and effect. All contracts
previously entered into, to which the district or commissioners are
parties, remain in force and effect for the period provided in the
contracts. The committee is substituted for the district or
commissioners as party to the contracts. The committee is entitled
to all benefits and subject to all liabilities under the contracts
and has the same right and liability to perform, to require
performance, to sue and be sued, and to modify or terminate the
contracts by mutual consent or otherwise, as the commissioners of the
district would have had.
The committee shall not entertain petitions for the discontinuance
of any district nor conduct referenda upon discontinuance petitions
nor make determinations pursuant to the petitions in accordance with
this chapter, more often than once in five years.
161A.10 DISCONTINUANCE OF DISTRICTS.
At any time after five years after the organization of a district
under this chapter, any twenty-five owners of land lying within the
boundaries of the district, but in no case less than twenty percent
of the owners of land lying within the district, may file a petition
with the committee asking that the operations of the district be
terminated and the existence of the district discontinued. The
committee may conduct public meetings and public hearings upon the
petition as necessary to assist in the consideration of the petition.
Within sixty days after a petition has been received by the
committee, the division shall give due notice of the holding of a
referendum, shall supervise the referendum, and shall issue
appropriate rules governing the conduct of the referendum. The
question is to be submitted by ballots upon which the words "For
terminating the existence of the ..... (name of the soil and water
conservation district to be here inserted)" and "Against terminating
the existence of the ..... (name of the soil and water conservation
district to be here inserted)" shall be printed, with a square before
each proposition and a direction to insert an X mark in the square
before one or the other of the propositions as the voter favors or
opposes discontinuance of the district. All owners of lands lying
within the boundaries of the district are eligible to vote in the
referendum. No informalities in the conduct of the referendum or in
any matters relating to the referendum invalidate the referendum or
the result of the referendum if notice was given substantially as
provided in this section and if the referendum was fairly conducted.
When sixty-five percent of the landowners vote to terminate the
existence of the district, the committee shall advise the
commissioners to terminate the affairs of the district. The
commissioners shall dispose of all property belonging to the district
at public auction and shall pay over the proceeds of the sale to be
deposited into the state treasury. The commissioners shall then file
an application, duly verified, with the secretary of state for the
discontinuance of the district, and shall transmit with the
application the certificate of the committee setting forth the
determination of the committee that the continued operation of the
district is not administratively practicable and feasible. The
application shall recite that the property of the district has been
disposed of and the proceeds paid over as provided in this section,
and shall set forth a full accounting of the properties and proceeds
of the sale. The secretary of state shall issue to the commissioners
a certificate of dissolution and shall record the certificate in an
appropriate book of record in the secretary of state's office.
Upon issuance of a certificate of dissolution under this section,
all ordinances and regulations previously adopted and in force within
the districts are of no further force and effect. All contracts
previously entered into, to which the district or commissioners are
parties, remain in force and effect for the period provided in the
contracts. The committee is substituted for the district or
commissioners as party to the contracts. The committee is entitled
to all benefits and subject to all liabilities under the contracts
and has the same right and liability to perform, to require
performance, to sue and be sued, and to modify or terminate the
contracts by mutual consent or otherwise, as the commissioners of the
district would have had.
The committee shall not entertain petitions for the discontinuance
of any district nor conduct referenda upon discontinuance petitions
nor make determinations pursuant to the petitions in accordance with
this chapter, more often than once in five years.
